An appellate court upheld a trial court’s denial of class certification in a case brought against 
Walgreens. The appellate court’s decision provides a few good lessons for employers defending class action allegations.
1. Meal break cases are harder to certify as class actions after the Brinker decision.
The California Supreme Court held in Brinker Restaurant
Employers can receive requests for employment records of current and former employees though 
different ways. It is important for employers to first carefully review the request to understand what is being requested. It is important to understand who is making the request? Is the request only seeking a personnel file? Is the request only seeking
1. Current and former employees have the right to inspect or copy personnel files. 
Under Labor Code section 1198.5 employees have the right to inspect or receive copies of personnel files and records relating to the employee’s performance or grievance concerning the employee. Employers are legally required to maintain personnel files for at least three
Five items parties need to understand about mediation.
1. Mediation is non-binding.
Mediation is a voluntary process in which litigants (or even parties prior to litigation) agree to use a private third-party to help settle the case. People sometimes confuse mediation with arbitration. Arbitration is when parties agree to use a private third-party to hear
1. Meal and rest breaks.
If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 
2. Exempt vs. non-exempt classification of employees.
The default under California law is that every employee is entitled to overtime pay at a rate of time and
1. Classifying all employees as independent contractors
To qualify as an independent contractor, the employer has the burden of proof to establish that the worker is actually an independent contractor and not an employee. I’ve discussed the parameter of this “economic realities” test here. In addition to owing unpaid minimum wages and potential unpaid
This Friday’s Five is coming out a little late in the day, but as they say, better late…. I’ve been fielding a lot of questions about final wage payment requirements. So here are five rules every employer should know about providing final wages to employees:
1. Have a good anti-harassment policy and conduct required training for supervisors.
It is legally required that all California employers provide information to employees regarding harassment. The Department of Fair Employment and Housing provides the following guidelines for employers:
Employers must help ensure a workplace free from sexual harassment by distributing to employees information on
The World Cup is upon us. I have to admit I had yesterday’s opening game between Brazil and Croatia on in the background while I was working. Given that this year’s World Cup is being held in Brazil, there is not much of a difference in time zones for those of us on the west
Employers often ask me the question of what steps can they take to stop employment litigation. My response usually begins with a warning that there is nothing an employer can do that will prevent a frivolous lawsuit. Employers can only control their actions and decisions, and by thinking about and reviewing a few simple items